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V1423-23 25 May 2023 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · pérdida patrimonial

Capital loss resulting from an uncollected loan is attributed to the holder of the legal ownership of the investment

The DGT states that a capital loss is attributable when the circumstances in Article 14.2 of the Personal Income Tax Law are met, and that the ownership of the loss must be attributed to the person holding the beneficial ownership of the investment.

The question raised

Possibility of computing a capital loss in the 2022 Personal Income Tax return and the ownership thereof.

The DGT's ruling

The capital loss resulting from overdue and uncollected credits is imputed when the insolvency proceedings conclude without the credit being satisfied. Ownership of the loss is attributed to the person who holds the legal title to the investment, regardless of who appears as the formal holder before the insolvency administration. If it is intended to attribute it to the community property partnership, the ownership of the credit must be irrefutably proven through the means of evidence admitted under Law.

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